Does the Aplus Franchise Agreement specify that any remedy conferred upon the Franchisee or Company is intended to be exclusive of any other remedy?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be in addition to every other right or remedy. Nothing contained herein shall bar Franchisor's right to obtain injunctive relief against threatened conduct that may cause it loss or damages, including obtaining restraining orders and preliminary and permanent injunctions.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the franchise agreement specifies that the rights and remedies provided to both Aplus and the franchisee are cumulative and not exclusive. This means that neither party is limited to only one form of recourse if a breach occurs.
Specifically, Aplus or the franchisee can pursue any right or remedy available in the agreement, as well as any other remedies provided by law or equity. This ensures that all available options remain open for addressing violations or disputes. Aplus retains the right to seek injunctive relief against any actions that threaten to cause loss or damages, including obtaining restraining orders and preliminary and permanent injunctions.
This section of the Aplus franchise agreement clarifies that the legal options for both parties are broad and not restricted, allowing for a comprehensive approach to resolving any issues that may arise during the franchise term.